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SALES TAX LEGISLATION AMENDMENT ACT (NO. 1) 1999 NO. 33, 1999 - SCHEDULE 2

Schedule 2 - Part 7A goods

Sales Tax Assessment Act 1992

1 Paragraph 30(1)(b)

After "assessable goods", insert "and, if the goods are Part 7A goods, one of the conditions in subsection 32A(1) is satisfied".

2 Paragraph 30(1)(c)

After "assessable goods", insert "and, if the goods are Part 7A goods, one of the conditions in subsection 32A(1) is satisfied".

3 Paragraph 30(2)(b)

After "assessable goods", insert "and, if the goods are Part 7A goods, one of the conditions in subsection 32A(1) is satisfied".

4 Paragraph 32(a)

After "them", insert "and, if the goods are Part 7A goods, one of the conditions in subsection 32A(1) is satisfied".

5 Paragraph 32(b)

After "used", insert "and, if the goods are Part 7A goods, one of the conditions in subsection 32A(1) is satisfied".

6 After section 32

Insert:

32A Conditions for Part 7A goods

(1)
The following are the conditions for Part 7A goods (one of which must be satisfied):

(a)
the purchaser, or lessee, is accredited;

(b)
in the case of a purchase—the purchaser is not acquiring the goods for resale and satisfies the low export purchase value test (see subsections (2) and (3)) in relation to that sale;

(c)
the sale, or lease, is made in prescribed circumstances;

(d)
the seller, or lessor, satisfies the Commissioner that he or she was satisfied on reasonable grounds that paragraph (a), (b) or (c) applied.

(2)
For a person to satisfy the low export purchase value test in relation to a dealing (the current dealing ), the total of the value of:

(a)
the current dealing; and

(b)
all other acquisitions of Part 7A goods for which the person quoted, or which were not taxable because of section 30 or 32, in the 12 months before the current dealing;

must be less than $6,000 or such other amount as is prescribed.

(3)
In addition, the person must have an expectation (based on reasonable grounds) that the total of the value of all acquisitions of Part 7A goods by the person in the 12 months after the current dealing for which the person will quote, or which will not be taxable because of section 30 or 32, will be less than $6,000 or such other amount as is prescribed.

(4)
For a person (the seller )to be satisfied that another person (the purchaser ) satisfies the low export purchase value test in relation to a dealing, the seller must obtain from the purchaser a signed statement, in a form approved in writing by the Commissioner, that the purchaser satisfies the low purchase value test in relation to the dealing.

(5)
A person must not, in relation to any dealing with goods, falsely represent that the person satisfies the low export purchase value test in relation to that dealing.

Penalty: 50 penalty units.

7 Subsection 91C(1) (table)

Repeal the table, substitute:

Part 7A goods

Item

Description of goods

Tariff classification

1

Personal computers

8471.41.00

2

Personal computers in the form of systems

8471.49.00

3

Processing units for personal computers

8471.50.00

4

Laptops, Notebooks, Palmtops

8471.30.00

5

Monitors

8471.60.00

6

Keyboards

8471.60.00

7

Printers (dot matrix)

8471.60.00

8

Printers (ink jet)

8471.60.00

9

Printers (laser)

8471.60.00

10

CD drives

8471.70.00

11

Hard drives

8471.70.00

12

Floppy drives

8471.70.00

13

Motherboards

8473.30.00

14

Memory

8473.30.00

15

Controller cards

8473.30.00

16

Modems

8517.50.00

8 Section 91 (penalty)

Omit "$2,000", substitute "50 penalty units".

9 Paragraph 91S(2)(b)

After "quoted", insert ", or which were not taxable because of section 30 or 32,".

10 Subsection 91S(3)

After "quote", insert ", or which will not be taxable because of section 30 or 32, ".

11 Subsection 91ZE(1) (penalty)

Omit "20", substitute "50".

12 Application

(1) The amendments made by items 1 to 6, 9 and 10 apply to dealings after the commencement of those items.

(2) The amendment made by item 7 applies to dealings on or after the day on which the Bill that became the Sales Tax Legislation Amendment Act (No. 1) 1999 was introduced into the House of Representatives.

(3) The amendments made by items 8 and 11 apply to dealings after the commencement of those items.


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